This blog is produced by Brendan Buck, a qualified and experienced town planner. Contact Brendan - brendan@buckplanning.ie or 087-2615871 - if you need planning advice.

Tuesday, 28 June 2011

Developer fined for destroying bat roost

CO CLARE developer John Declan Flanagan was yesterday ordered in court to pay more than €3,000 between costs and a fine after he was found guilty of destroying a breeding roost for the rare lesser horseshoe bat.

The bat is protected under the EU habitats directive and planning conditions attached to the development of Mr Flanagan's Ballykilty Manor hotel development near Quin involved strict conservation measures for the bat.

The lesser horseshoe bat is one of the world's smallest bats, weighing only 5-9g, with a wingspan of 192-254mm and a body length of 35-45mm.

In a prosecution brought by the Minister for the Environment, Mr Flanagan, Ballyvara House, Doolin, was accused, on dates unknown between June 11th, 2009, and October 14th, 2009, at Ballykilty Manor of damaging or destroying a breeding site or a resting place for the bat.

Mr Flanagan's Atlantis Group had secured permission for a fivestar hotel with 44 bedrooms, leisure facilities, function room, bar and restaurant on a 50-acre site with 14 holiday lodges.

In evidence at a special sitting of Ennis District Court, David Lyons, a conservation ranger with the National Parks and Wildlife Service, told the court that on June 11th, 2009, he counted 34 lesser horseshoe bats in a roost in an outbuilding at the manor.

However, on visiting the property that October 14th, he recorded that in the building containing the maternity roost, works had been carried out that involved the removal of the ceiling and all windows and doors had been opened. Mr Lyons said there were no longer any bats present.

Judge Aeneas McCarthy fined Mr Flanagan €500, ordered him to pay costs of €2,538 and fixed recognisance in the event of an appeal.

Planning & Design Consultant

Brendon Buck is a Town Planner. His principal area of expertise are managing planning applications and appeals. He also represents individuals and communities during the planning process for projects which impact on them. He has worked in public and private sector planning for almost 20 years. He maintains a Masters degree in Regional and Urban Planning, and diplomas in Urban Design and in Environmental Impact Assessment / Strategic Environmental Assessment. He is a member of the Irish Planning Institute (the accreditation body for Irish town planners who make and assess planning applications).

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